Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Carolina face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Carolina. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity isn't banned statewide.
In February 2017, South Carolina voters elected their first openly gay lawmaker to the South Carolina House of Representatives. Jason Elliott represents the 22nd District (which includes part of Greenville) and is a member of the Republican Party.
Video LGBT rights in South Carolina
Legality of same-sex sexual activity
South Carolina's sodomy laws, which made "buggery" a felony punishable by five years in prison or a $500 fine, were invalidated by the 2003 U.S. Supreme Court decision in Lawrence v. Texas.
Maps LGBT rights in South Carolina
Recognition of same-sex relationships
South Carolina voters adopted a constitutional amendment in November 2006 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name. On November 12, 2014, U.S. District Judge Richard Gergel ruled for the plaintiffs in the case of Condon v. Haley and stayed his decision to overturn the state's constitutional ban on same-sex marriage until noon on November 20. The Fourth Circuit Court of Appeals denied the state's request for a stay pending appeal or a temporary stay on November 18. Attorney General Alan Wilson asked Chief Justice John Roberts, as Circuit Justice for the Fourth Circuit, for an emergency stay pending appeal later that day. It made an argument other states in similar cases had not made to the Supreme Court, that the principle of federalism known as the "domestic relations exception" -which restricts the role of federal courts in certain areas reserved to the states- requires clarification. Justice Roberts referred the request to the full court, which denied it with Justices Scalia and Thomas dissenting on November 20. The first same-sex marriage took place in South Carolina on November 19, 2014 and marriage licences were accepted the next day as the state began to recognize and perform other same-sex marriages.
Adoption and parenting
South Carolina permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on stepchild adoptions. Children's birth certificates are automatically listed with the names of the biological mother and father. Prior to 2017, in order for a birth certificate to be legally changed to include two same-sex individuals as the parents of a child, assuming one of the two individuals is the biological parent, South Carolina's department responsible for birth certificates required one of two legal certifications:
- A certificate of adoption by which the non-biological parent completes a stepchild adoption of the child; or
- An order of a South Carolina Family Court finding that the two individuals are the legal parents of the child and directing the department to list the individuals as the parents on the birth record.
On 15 February 2017, a federal judge ordered the Government of South Carolina to list both same-sex parents on their children's birth certificates. A married same-sex couple filed a lawsuit, alleging a violation of their Due Process and Equal Protection rights under the 14th Amendment as interpreted in Obergefell v. Hodges, after the state refused to list the non-biological mother on their twins' birth certificates. U.S. District Judge Mary Geiger Lewis ruled that "listing a birth mother's spouse as her child's second parent is one of the terms and conditions of civil marriage in South Carolina." South Carolina's Department of Health and Environmental Control previously insisted that it would only issue birth certificates listing both same-sex spouses as parents if those couples obtained an adoption or a court order, something not required of married different-sex couples.
Discrimination protections
No provision of South Carolina's anti-discrimination law explicitly addresses discrimination on the basis of sexual orientation or gender identity.
Myrtle Beach and Richland County prohibit discrimination on the basis of sexual orientation and gender identity in employment. Other cities, including Columbia, Charleston and Latta, prohibit such discrimination but for city employees only. The coastal city of Folly Beach prohibits discrimination based on sexual orientation, but not gender identity.
Gender identity and expression
Changing one's legal gender on birth certificate requires sex reassignment surgery.
In April 2016, after North Carolina passed a law restricting transgender people's access to public bathrooms and a similar law was introduced to the South Carolina Legislature, Governor Nikki Haley said she opposes such a law and views it as "unnecessary".
Domestic violence law
South Carolina is the only state in the United States to not include same-sex couples within domestic violence statutes. The legislation only explicitly includes opposite-sex couples.
Hate crime laws
South Carolina does not have a hate crimes law. Hate crimes motivated by sexual orientation and/or gender identity, however, are banned federally under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
References
Source of article : Wikipedia
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